Torrance Fraud & Theft Lawyer

Defending Against Fraud and Theft Charges in Los Angeles County

Pat Carey prosecuted almost every crime in California during his 8+ year tenure with the Los Angeles County District Attorney's Office. He even handled cases with the Major Fraud Division, involving wiretaps and some of the most complicated cases the county has ever seen. He uses that insider experience to fight your case from the inside out.

Protecting Your Rights Against Fraud or Theft Charges

Being accused of fraud or theft can have serious consequences, including criminal charges, fines, and even jail time. It's crucial to have a knowledgeable and experienced fraud attorney on your side to protect your rights and build a strong defense.

At the Law Offices of J. Patrick Carey, we understand the complexities of fraud cases and will work tirelessly to defend you against these allegations. Our team will thoroughly investigate the charges against you, gather evidence, and develop a strategic defense tailored to your unique situation.

Whether you are facing charges for identity theft, credit card fraud, insurance fraud, or any other type of fraud, we are here to help. Contact us today to schedule a consultation and start building your defense.

Pat Carey has 8+ years prosecuting theft and fraud in California. He now uses that experience to win your case! Call (310) 695-1118 now or schedule a consultation online to protect your future!

What Constitutes Theft Under California Laws?

Theft (also called larceny) is a crime against property under the laws of California. To prove theft, a prosecutor must establish the defendant's intent to permanently take or withhold the property owner's possession or right to the property. The prosecutor must prove the defendant's specific intent to steal in order to establish the elements of the crime. Theft can take on many forms depending on the type of property taken. The offense can involve personal property, money, or real property, as well as the value of labor or services.

Theft can take place entirely without the owner's knowledge. However, theft may also occur after the owner entrusted the property to the defendant for a temporary or ongoing purpose. For example, an owner who loaned or rented property to another might become a victim of theft if the other person does not return the property within a specified period of time or after the owner has sent a written request for the property's return.

Common Types of Theft

Our team is equipped to handle a broad spectrum of theft and fraud cases. Each type of offense requires a different strategic approach based on the nature and specifics of the case.

• Grand Theft
• Petty Theft
• Residential Burglary
• Commercial Burglary
• Robbery

Petty Theft Vs. Grand Theft

The California Penal Code distinguishes between petty theft and grand theft, which are the two degrees of theft under state law. The degree depends on the value of the property involved in the crime. Grand theft is a more serious offense than petty theft. 

Section 487 of the Penal Code establishes grand theft when the theft involves property, money, or labor valued above $950. The Penal Code also includes exceptions to the requirement of a $950 value to elevate a charge from petty theft to grand theft. A prosecutor can charge a defendant with grand theft when the theft involves: over $250 in domestic livestock, farm goods, or aquacultural products; over $950 in labor conferred over a period of twelve months; any property taken from the victim's person; any property that is a car, horse, livestock, or a firearm; and other specified circumstances.

What Constitutes Fraud in California?

Fraud involves intentional deception to secure an unlawful gain. California law recognizes multiple types of fraud, with varying penalties depending on the nature and severity of the crime. A Torrance fraud attorney can help navigate the complexities of these charges and build an effective defense.

Common Types of Fraud

• Insurance Fraud 
• Credit Card Fraud 
• Identity Theft
• Securities Fraud 
• Check Fraud 
• Mortgage Fraud 
• Welfare Fraud 
• Real Estate Fraud 

What Are The Penalties For Fraud & Theft in California?

Theft Penalties

The range of penalties and sentences for theft and larceny depends on the degree of the crime established by the prosecutor. Under California law, petty theft may be punished by a fine of up to $1,000, a term of imprisonment lasting up to six months, or both. For a petty theft of property valued below $50, a prosecutor has the discretion to charge the crime as a misdemeanor or infraction resulting in a fine of $250. However, prior criminal history may affect the prosecutor's recommendations.

The Penal Code specifies punishment for grand theft as a term of imprisonment in county jail lasting up to one year or felony sentencing permitted by Section 1170(h) of the code. Felony sentencing may range from six months to three years, but prior criminal convictions can increase the severity of the sentence imposed by the state court or require imprisonment in state prison rather than in county jail. To obtain this type of sentence, the prosecutor must establish the circumstances of grand theft according to at least one of the provisions in the Penal Code. The seriousness of these penalties reflects the state's commitment to deterrence, signaling the need for a robust defense strategy from the outset.

Fraud Penalties

The penalties for fraud in California vary based on several factors, including the amount of money involved, the victim’s status, and the defendant’s criminal history. Fraud charges can be classified as either misdemeanors or felonies. Misdemeanor fraud convictions can lead to up to one year in county jail, fines, probation, and restitution. In contrast, felony fraud carries much harsher penalties, including multiple years in state prison, substantial fines, and a permanent criminal record.

Beyond legal penalties, a fraud conviction can have long-term consequences. It may damage a person’s professional reputation, make securing employment difficult, and, for non-citizens, lead to immigration consequences. Seeking experienced legal representation is essential to minimizing these risks and protecting one’s future.

What Are Potential Defenses Against Fraud & Theft Charges?

Successfully defending against fraud or theft charges requires a strategic approach tailored to the facts of each case. A Torrance criminal defense attorney will thoroughly evaluate the evidence, challenge the prosecution’s claims, and explore all possible legal defenses to secure the best outcome for the accused.

• Lack of intent: Both fraud and theft require intentional wrongdoing. If the defendant did not knowingly commit the crime, the case may be dismissed or result in an acquittal. 
• Insufficient evidence: This defense can weaken the prosecution’s case, as guilt must be proven beyond a reasonable doubt. When evidence is weak, unreliable, or circumstantial, charges may be reduced or dropped.
• Mistaken identity: This applies when a defendant has been falsely accused or misidentified.
• Entrapment: Occurs when law enforcement induces someone to commit a crime they otherwise would not have committed. 
• Duress or coercion: May be a valid defense if the defendant was forced to commit fraud or theft under the threat of harm.
• In theft cases, specific defenses such as claim of ownership or right of possession and the owner’s consent can be used when the defendant had a legitimate belief that the property was theirs or had permission to take it.

A Torrance fraud and theft defense attorney will analyze all possible defense strategies to challenge the prosecution’s case and work toward a favorable resolution.

Local Support for Fraud & Theft Defense in Torrance

If you're facing fraud charges in Torrance, having local legal defense is crucial. Both the Torrance Police Department and the Los Angeles County Sheriff's Department are at the frontline of fraud or theft investigations. Additionally, our attorney Pat Carey brings over eight years of experience from the Los Angeles County District Attorney's Office, providing our firm with a unique insider perspective that we leverage in crafting your defense.
 

Residents of Torrance and the broader Los Angeles County area often confront the complex nature and severe implications of fraud and theft charges, including welfare fraud, residential burglary, or robbery. These offenses can result in serious penalties and enduring consequences. With our extensive experience, we are equipped to navigate these primary challenges, aiming to mitigate potential repercussions for our clients.
 

The legal landscape can seem insurmountable, particularly with the nuanced fraud laws and the assertive approach of prosecutors. Our legal team is aware of the challenges that our Torrance community faces. With an insider's perspective on the local court systems, the strategies commonly deployed by local prosecutors, and the community's specific needs, we're well-prepared to navigate these waters. We actively work to decipher the complexities of each case, offering a robust defense while keeping the lines of communication open and transparent. 

Let an experienced Torrance fraud & theft lawyer fight for you. Call (310) 695-1118 today or request a consultation online!

Commonly Asked Questions

What are the most common types of fraud cases in Torrance?

In Torrance, like many Californian cities, certain types of fraud cases are more prevalent. Identity theft, credit card fraud, and real estate fraud frequently appear on court dockets. Additionally, with the growth of digital commerce, internet-based frauds have also surged, exposing both individuals and businesses to new risks. Financial fraud committed via Ponzi schemes or investment scams is another major concern affecting Torrance residents. Each of these cases demands tailored strategies to ensure thorough legal defense.

How do local Torrance authorities approach fraud investigations?

Local authorities in Torrance, including the Torrance Police Department, work closely with state and federal agencies to investigate and mitigate fraud cases. They utilize advanced technological tools for cybercrime detection and collaborate extensively through data-sharing initiatives to track potential fraudulent activities. In effect, this means fraud investigations are often multi-faceted, drawing from local insights and broader state-wide data collection. Such a comprehensive approach ensures that accused individuals receive a fair trial based on well-documented evidence.

Why is addressing local nuances important in fraud and theft defenses?

Every jurisdiction operates with its unique interpretation and application of the law. In Torrance, understanding these local judicial nuances is critical for an effective defense. Local customs, prosecution styles, and community expectations can all influence the trajectory of a fraud case. Legal representatives who are not familiar with local practices may miss key strategic opportunities, potentially jeopardizing the outcome of a case.